pretrial discovery (criminal) – conducted before trial to reveal facts, develop evidence and prevent parties from surprising each other at trial

1. Discovery conducted before trial to reveal facts and develop evidence. * Modern procedural rules have broadened the scope of pretrial discovery to prevent the parties from surprising each other with evidence at trial. [1]

2. Seediscovery. [2] [3]

discovery:n. (16c)

1. Compulsory disclosure, at a party’s request, of information that relates to the litigation. Fed. R. Crim. P. 16. The primary discovery devices are interrogatories, depositions, requests for admissions, and requests for production. Although, discovery typically comes from parties, courts also allow limited discovery from nonparties.

2. The facts or documents disclosed <the new associate spent all her time reviewing discovery>.

3. The pretrial phase of a lawsuit during which depositions, interrogatories, and other forms of discovery are conducted. discover,vb. — discoverable, adj. [1]

1. Aremedyfor the sole purpose of compelling the adverse party to answer its allegations and interrogatories, and thereby to disclose facts within his own knowledge, information, or belief, or to disclose and produce documents, books and other things within his possession, custody, or control, being usually employed to enable a party to prosecute or defend an action. 23 Am J2d Depos § 141. [2]

1. A means for providing a party, in advance of trial, with access to facts that are within the knowledge of the other side, to enable the party to better try her case. A motion to compel discovery is the procedural means for compelling the adverse party to reveal such facts or to produce documents, books, and other things within his possession or control. [3]

“Discovery has broad scope. According toFederal Rule 26, which is the model in modern procedural codes, inquiry may be made into ‘any matter, not privileged, that is relevant to the subject matter of the action.’ Thus, discovery may be had of facts incidentally relevant to the issues in the pleadings even if the facts do not directly prove or disprove the facts in question.” [4]

Related Terms:

Jencks rule – the rule that a defendant in a federal criminal prosecution has the right to examine government papers to be better able to cross-examine or impeach government witnesses.